(1)  A person conducting a business or undertaking at a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with a fall by a person from one level to another that is reasonably likely to cause injury to the person or any other person.

Note.

 WHS Act—section 19 (see clause 9).

(2)  Subclause (1) includes the risk of a fall:

(a)  in or on an elevated workplace from which a person could fall, or

(b)  in the vicinity of an opening through which a person could fall, or

(c)  in the vicinity of an edge over which a person could fall, or

(d)  on a surface through which a person could fall, or

(e)  in any other place from which a person could fall.

(3)  A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that any work that involves the risk of a fall to which subclause (1) applies is carried out on the ground or on a solid construction.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  A person conducting a business or undertaking must provide safe means of access to and exit from:

(a)  the workplace, and

(b)  any area within the workplace referred to in subclause (2).

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(5)  In this clause, solid construction means an area that has:

(a)  a surface that is structurally capable of supporting all persons and things that may be located or placed on it, and

(b)  barriers around its perimeter and any openings to prevent a fall, and

(c)  an even and readily negotiable surface and gradient, and

(d)  a safe means of entry and exit.

(1)  This clause applies if it is not reasonably practicable for the person conducting a business or undertaking at a workplace to eliminate the risk of a fall to which clause 78 applies.

(2)  The person must minimise the risk of a fall by providing adequate protection against the risk in accordance with this clause.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The person provides adequate protection against the risk if the person provides and maintains a safe system of work, including by:

(a)  providing a fall prevention device if it is reasonably practicable to do so, or

(b)  if it is not reasonably practicable to provide a fall prevention device, providing a work positioning system, or

(c)  if it is not reasonably practicable to comply with either paragraph (a) or (b), providing a fall arrest system, so far as is reasonably practicable.

Examples.

 

1   

Providing temporary work platforms.

2   

Providing training in relation to the risks involved in working at the workplace.

3   

Providing safe work procedures, safe sequencing of work, safe use of ladders, permit systems and appropriate signs.

Note.

 A combination of the controls set out in this subclause may be used to minimise risks, so far as is practicable, if a single control is not sufficient for the purpose.

(4)  This clause does not apply in relation to the following work:

(a)  the performance of stunt work,

(b)  the performance of acrobatics,

(c)  a theatrical performance,

(d)  a sporting or athletic activity,

(e)  horse riding.

Note.

 Clause 36 applies to the management of risk in relation to this work.

(5)  In this clause, fall prevention device includes:

(a)  a secure fence, and

(b)  edge protection, and

(c)  working platforms, and

(d)  covers.

Note.

 See clause 5 (1) for definitions of fall arrest system and work positioning system.

(1)  This clause applies if a person conducting a business or undertaking provides a fall arrest system as a control measure.

(2)  Without limiting clause 79, the person must establish emergency procedures, including rescue procedures, in relation to the use of the fall arrest system.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(3)  The person must ensure that the emergency procedures are tested so that they are effective.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(4)  The person must provide relevant workers with suitable and adequate information, training and instruction in relation to the emergency procedures.

Maximum penalty:

(a)  in the case of an individual—$6,000, or

(b)  in the case of a body corporate—$30,000.

(5)  In this clause, relevant worker means:

(a)  a worker who, in carrying out work in the business or undertaking, uses or is to use a fall arrest system, and

(b)  a worker who may be involved in initiating or implementing the emergency procedures.